# C_2008001EN.01000401.xml

| 4.1.2008 | EN | Official Journal of the European Union | C 1/4 |
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4.1.2008

EN

Official Journal of the European Union

C 1/4

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Prior notification of a concentration

(Case COMP/M.5002 — Wacker Chemie/WPS/APP)

Candidate case for simplified procedure

(Text with EEA relevance)

(2008/C 1/04)

| 1. | On 14 December 2007, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Wacker Chemie AG (‘Wacker’, Germany) controlled by the Dr Alexander Wacker Familiengesellschaft mbH (Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation sole control by way of purchase of shares of two companies, Wacker Polymer Systems GmbH & Co. KG (‘WPS’, Germany) and Air Products Polymers Holdings, L.P. (‘APP’, USA) each of which is currently jointly controlled by Wacker and Air Products and Chemicals Inc. (USA). |
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1.

On 14 December 2007, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Wacker Chemie AG (‘Wacker’, Germany) controlled by the Dr Alexander Wacker Familiengesellschaft mbH (Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation sole control by way of purchase of shares of two companies, Wacker Polymer Systems GmbH & Co. KG (‘WPS’, Germany) and Air Products Polymers Holdings, L.P. (‘APP’, USA) each of which is currently jointly controlled by Wacker and Air Products and Chemicals Inc. (USA).

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| 2. | The business activities of the undertakings concerned are:






  — | for Wacker: silicone and polymer chemicals, special and fine chemicals, semiconductor industry and silicon production, |
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2.

The business activities of the undertakings concerned are:

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for Wacker: silicone and polymer chemicals, special and fine chemicals, semiconductor industry and silicon production,

| — | for WPS: production of powders based on vinyl acetate monomer, |
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for WPS: production of powders based on vinyl acetate monomer,

| — | for APP: production of dispersions based on vinyl acetate monomer. |
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for APP: production of dispersions based on vinyl acetate monomer.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

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| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5002 — Wacker Chemie/WPS/APP, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5002 — Wacker Chemie/WPS/APP, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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(1)  OJ L 24, 29.1.2004, p. 1.

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(2)  OJ C 56, 5.3.2005, p. 32.

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